Former prosecutor speaks for victims in LA County hearing

LOS ANGELES -- Opposing Los Angeles County District Attorney George Gascón's new directives, one of the group of former prosecutors led by former LA District Attorney Steve Cooley helped persuade a judge Friday to hear a victim's statement and not to grant a motion to dismiss sentence enhancements for a repeat offender accused of shooting a police officer.

Under new directives put into place last month by Gascón, prosecutors must file motions to dismiss enhancements that would add longer prison sentences for repeat criminals, those facing gun charges, members of a gang and other situations specified in the Criminal Code.

Gascón has said on multiple occasions that "data and science" support his policies and that sentence enhancements in many cases are not in the interest of justice. While he has received support from those who say sentence enhancements are overly punitive, many victims' rights groups, DAs from other counties and prosecutors within his own office oppose getting rid of them in a sweeping policy.

After rejecting the defense attorney's opposition to hearing a victim impact statement by the wounded police officer, Superior Court Judge Henry J. Hall reviewed the defendant's extensive criminal record and then denied all motions to dismiss enhancements, saying it would not be in the interest of justice to do so.

"He has spent probably the better part of his life locked up for one reason or another and I can't see anything in the interest of justice, based on what's before me, that would suggest that he would be a good candidate to have these enhancements dismissed," Hall stated.

The defendant, Alexander Monolito Guerra, who sat handcuffed to a wheelchair in the court, is charged with shooting the police officer in the throat and attempting to murder two other officers in 2017. People v. Monolito, Alexander Guerra, PA090160 (L.A. Sup. Ct., filed Nov. 16, 2020).

When Hall asked the two deputy district attorneys appearing Friday if they knew of anything besides Gascón's new policies that would justify dismissing the gun enhancements, both said no.

Former Orange County Deputy District Attorney Matthew Murphy, who appeared on behalf of the wounded police officer, said Gascón has put prosecutors in a difficult position, forcing them to decide between following his orders or betraying their personal ethical and legal obligations.

"What Gascón has done is apply this blanket, one-size-fits-all plan that does not provide for the facts and circumstances of any individual case," Murphy said after the hearing. "It is hugely problematic to do that, because as you just witnessed, the court asked, 'What's changed? What's the change in circumstances?' And the DAs had to honestly say there isn't any."

Gascón's office did not respond to a request for comment Friday.

Cooley, who served as Los Angeles County district attorney from 2000 to 2012, said Gascón's new directives to do away with sentence enhancements and to preclude prosecutors from appearing at parole hearings, violate victim's rights under Marsy's Law, California Victims' Bill of Rights Act of 2008.

Cooley said in addition to the group of former prosecutors representing victims, he is forming another group to attend parole hearings, as he said Gascón has a policy that precludes his deputies from doing so.

"Since the DA's office is not going to do his job, and deputies were ordered to not do their job -- which historically is standing up for victims' rights under Marcy's Law -- this group was formed to fill that void," Cooley said. "If deputy DAs aren't going to do it, then this group of former deputy DAs will do it."

Also concerned Gascón's policies do not fully consider victims' rights, LA County Supervisor Kathryn Barger, sent a letter Thursday to Gascón, asking for a "thorough review" of his parole hearing policy.